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  #9161  
Old Posted Jan 6, 2020, 3:13 PM
azsunsurfer azsunsurfer is offline
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Originally Posted by PHX31 View Post
Looks like there is a power substation at First and Farmer. I thought those were basically there forever, is this development taking over.

Looking this up on Google Earth made me see the squatter land next to the tracks. Anyone know what the status is now on that ridiculous case?
No- the substation in fact is getting some upgrade work as we speak. The project is going into the parcel directly south that currently houses some strip warehouses that look abandoned right across the street from the Yard.

I have no idea what's the latest with the squatter, i'll have to take a look when I walk the dog later.
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  #9162  
Old Posted Jan 6, 2020, 4:25 PM
muertecaza muertecaza is offline
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Originally Posted by PHX31 View Post
Looks like there is a power substation at First and Farmer. I thought those were basically there forever, is this development taking over.

Looking this up on Google Earth made me see the squatter land next to the tracks. Anyone know what the status is now on that ridiculous case?
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Originally Posted by azsunsurfer View Post
No- the substation in fact is getting some upgrade work as we speak. The project is going into the parcel directly south that currently houses some strip warehouses that look abandoned right across the street from the Yard.

I have no idea what's the latest with the squatter, i'll have to take a look when I walk the dog later.
On the squatter case, Sussex, the squatter, lost at the trial court and lost at the Court of Appeals. He currently has an appeal pending to the AZ Supreme Court. There is a stay on eviction in place until the appeal process is done. So if the Supreme Court declines to take the case, or takes the case and rules against Sussex, then Tempe can move to evict him. The AZ Supreme Court appeal was filed in August 2019, so we should get a decision soon about whether the Supreme Court elects to take the case.
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  #9163  
Old Posted Jan 6, 2020, 4:44 PM
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PHX31 PHX31 is offline
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Originally Posted by muertecaza View Post
On the squatter case, Sussex, the squatter, lost at the trial court and lost at the Court of Appeals. He currently has an appeal pending to the AZ Supreme Court. There is a stay on eviction in place until the appeal process is done. So if the Supreme Court declines to take the case, or takes the case and rules against Sussex, then Tempe can move to evict him. The AZ Supreme Court appeal was filed in August 2019, so we should get a decision soon about whether the Supreme Court elects to take the case.
Thanks for the update. I'd imagine once it makes it to the movement to evict, the eviction process will take a while too.
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  #9164  
Old Posted Jan 8, 2020, 8:20 PM
muertecaza muertecaza is offline
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Couple photos from less-photographed projects around Tempe:

Hayden House is looking pretty cool with the exposed adobe and new fresh window and door frames:





First and Farmer:



Rebar arriving today for 7th St./Forest:

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  #9165  
Old Posted Jan 8, 2020, 8:27 PM
exit2lef exit2lef is online now
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The Arizona Supreme Court has declined to hear the squatter's appeal:

https://www.azcentral.com/story/news/loc...d-state-supreme-court-appeal/2846171001/
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  #9166  
Old Posted Jan 8, 2020, 8:42 PM
Obadno Obadno is offline
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Originally Posted by exit2lef View Post
The Arizona Supreme Court has declined to hear the squatter's appeal:

https://www.azcentral.com/story/news/loc...d-state-supreme-court-appeal/2846171001/
Finally!
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  #9167  
Old Posted Jan 8, 2020, 9:18 PM
Mr.RE Mr.RE is offline
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Wow that forest site is moving quick! Tempe development map hasn't even updated to be current based on what seems to be an issued building permit. Hilo will be close behind.. That whole 7th street is going to be lined with high-rises!!!
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  #9168  
Old Posted Jan 8, 2020, 9:22 PM
exit2lef exit2lef is online now
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Wow that forest site is moving quick! Tempe development map hasn't even updated to be current based on what seems to be an issued building permit. Hilo will be close behind.. That whole 7th street is going to be lined with high-rises!!!
It sure is. I remember eating at the little teriyaki restaurant there just a few months ago.
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  #9169  
Old Posted Jan 8, 2020, 10:04 PM
muertecaza muertecaza is offline
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It sure is. I remember eating at the little teriyaki restaurant there just a few months ago.
Yeah, it's wild. I actually kept saying to myself that I wanted to eat at that teriyaki place. Next thing I knew the building was demoed, and the rebar trucks were showing up. Snooze you lose I guess.
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  #9170  
Old Posted Jan 9, 2020, 4:27 AM
stutteringpunk stutteringpunk is offline
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Originally Posted by exit2lef View Post
The Arizona Supreme Court has declined to hear the squatter's appeal:

https://www.azcentral.com/story/news/loc...d-state-supreme-court-appeal/2846171001/
"Sussex’s attorney, Jack Wilenchik, said on Wednesday that he would consider whether to appeal to the U.S. Supreme Court, which would be the jurisdiction of last resort. Wilenchik would have 90 days to file an appeal."

Give me a break.
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  #9171  
Old Posted Jan 9, 2020, 5:29 PM
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PHX31 PHX31 is offline
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Originally Posted by stutteringpunk View Post
"Sussex’s attorney, Jack Wilenchik, said on Wednesday that he would consider whether to appeal to the U.S. Supreme Court, which would be the jurisdiction of last resort. Wilenchik would have 90 days to file an appeal."

Give me a break.
LMFAO - as if the Supreme Court gives a shit and wouldn't decline the case too (not sure how these things work, but that's what I imagine would happen). I feel like this Wilenchik guy just wants to drag this out as long as he can to keep making money (unless he's working pro bono), and I also feel like Sussex is just trying to get this to drag on until he dies so he never actually has to leave.
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  #9172  
Old Posted Jan 9, 2020, 5:34 PM
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CrestedSaguaro CrestedSaguaro is offline
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Originally Posted by PHX31 View Post
LMFAO - as if the Supreme Court gives a shit and wouldn't decline the case too (not sure how these things work, but that's what I imagine would happen). I feel like this Wilenchik guy just wants to drag this out as long as he can to keep making money (unless he's working pro bono), and I also feel like Sussex is just trying to get this to drag on until he dies so he never actually has to leave.
So, if Wilenchik does indeed try to go to the Supreme Court...and they reject it as they likely will...how long does Sussex have to leave the property? I'm assuming a 30-day notice similar to rental eviction laws or can Tempe have him immediately escorted off the property since he is a squatter?
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  #9173  
Old Posted Jan 9, 2020, 5:42 PM
muertecaza muertecaza is offline
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Originally Posted by PHX31 View Post
LMFAO - as if the Supreme Court gives a shit and wouldn't decline the case too (not sure how these things work, but that's what I imagine would happen). I feel like this Wilenchik guy just wants to drag this out as long as he can to keep making money (unless he's working pro bono), and I also feel like Sussex is just trying to get this to drag on until he dies so he never actually has to leave.
Yeah, in some of his quotes from news reporting, it seems like Wilenchik was angling the whole time for a settlement for Tempe. But if Tempe hasn't paid Sussex off yet, I don't think it is going to now based on a one-in-a-million US Supreme Court appeal.

A Supreme Court appeal is sort of interesting (if you, like I do, find boring old laws and history interesting) because Sussex does have a claim under the federal 1910 Arizona-New Mexico enabling act. So there's a federal issue that could be a hook for a federal appeal. But I don't know of any circuit split or urgent need to revisit 19th-century railroad law that would interest the Supreme Court in accepting the case.
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  #9174  
Old Posted Jan 9, 2020, 6:06 PM
exit2lef exit2lef is online now
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Originally Posted by muertecaza View Post
. But I don't know of any circuit split or urgent need to revisit 19th-century railroad law that would interest the Supreme Court in accepting the case.
With the court having immensely consequential cases related to immigration, abortion, LGBTQ rights, and presidential powers in front of it, somehow this doesn't seem high on the priority list. Then again, it might provide a nice break for the justices from an endless parade of high-profile issues during an election year.
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  #9175  
Old Posted Jan 9, 2020, 6:44 PM
Obadno Obadno is offline
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Originally Posted by muertecaza View Post
Yeah, in some of his quotes from news reporting, it seems like Wilenchik was angling the whole time for a settlement for Tempe. But if Tempe hasn't paid Sussex off yet, I don't think it is going to now based on a one-in-a-million US Supreme Court appeal.

A Supreme Court appeal is sort of interesting (if you, like I do, find boring old laws and history interesting) because Sussex does have a claim under the federal 1910 Arizona-New Mexico enabling act. So there's a federal issue that could be a hook for a federal appeal. But I don't know of any circuit split or urgent need to revisit 19th-century railroad law that would interest the Supreme Court in accepting the case.
Id be shocked if the Supreme court would take up the appeal of a local squatter case that the state supreme court wont even look at.

Maybe if squatting was a big national issue at the moment but it isnt.
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  #9176  
Old Posted Jan 9, 2020, 7:11 PM
muertecaza muertecaza is offline
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Id be shocked if the Supreme court would take up the appeal of a local squatter case that the state supreme court wont even look at.

Maybe if squatting was a big national issue at the moment but it isnt.
Yeah, they recently declined an appeal from a 9th Circuit homelessness ruling, which is a much higher profile national issue right now. No one's clamoring for federal instruction on squatter issues.
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  #9177  
Old Posted Jan 9, 2020, 11:26 PM
Mr.RE Mr.RE is offline
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Huge new development

Just saw this project pop up on the tempe development tracker located at third street and ash!

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  #9178  
Old Posted Jan 9, 2020, 11:28 PM
Mr.RE Mr.RE is offline
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Novus Office

Also, a new novice office development adjacent to 777 Novus.
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  #9179  
Old Posted Jan 9, 2020, 11:34 PM
Obadno Obadno is offline
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Just saw this project pop up on the tempe development tracker located at third street and ash!

Doesnt this sit on top of the Depot Cantina and those historic homes?

I think this isnt a serious proposal
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  #9180  
Old Posted Jan 9, 2020, 11:34 PM
Phxguy Phxguy is offline
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Just saw this project pop up on the tempe development tracker located at third street and ash!

Right where Macaya’s Depot Cantina and all those old homes are!
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